USMAN KHAN Vs. NAZMA BEGUM

JUDGEMENT

(1.) Supplementary affidavit has been filed today on behalf of the petitioner, the same may be taken on record. This writ petition is directed against the order dated 24.05.2011, whereby the Additional District Judge, Court No. 7, Moradabad in SCC Case No. 09 of 2008 (Smt. Nazma v. Usman) has rejected the application filed by the petitioner under order 7 Rule 11 of the C. P. C. Brief facts of the case are as follows:-

(2.) Learned counsel for the petitioner has submitted that the petitioner is the owner of the shop in question and the suit for cancellation of sale deeds is already pending before the Civil Judge, (Junior Division), Moradabad and is carrying on his business in the said shop and there is no landlord tenant relationship between the parties, thus it is not maintainable and is barred by law under Order 7 Rule 11 of C. P. C.

(3.) Heard learned counsel for the parties and perused the record.